Employment law unit 1:Introduction to Employment Law: Who is an
employee?
Categories of Employment Status
- Employee - tax is deducted by employer
- Worker
- Self employed - tax is payed directly at fix point of the year to HMR
● Different employment status has differnat rights e.g employee has maternity
leave right.
● A contract of employment is “a contract of service … whether express or
implied, and (if it is express) whether oral or in writing”.
● The employee must be under an obligation to provide the work personally.
● There must be a mutuality of obligations between the employer and the
employee. In every contract of employment the employee must be obliged to
provide a service to the employer and the employer must have an obligation
to provide work.
● The employee must be subject to the control of the employer.
Before an individual starts with the employer, they need to give the prospective
employee/ (as of recently workers too) a s.1 statement even if the contract is oral
key elements of the employment contract required to comply with the law?
Under s.1 of the employment rights act 1996 (ERA 1996):
- S.1(1)- the employer is required to give the employees a written statement of
particulars of employment (this can also be a small statement containing the
Section 1 criteria )
- S.1(2)- this must be given in two months, as failure to do so can result in an
extra award should the employee bring a qualifying claim
- If you are advised to look at clauses, remove those which are not a
requirement under section one and those which he /she states that the
employee?
Categories of Employment Status
- Employee - tax is deducted by employer
- Worker
- Self employed - tax is payed directly at fix point of the year to HMR
● Different employment status has differnat rights e.g employee has maternity
leave right.
● A contract of employment is “a contract of service … whether express or
implied, and (if it is express) whether oral or in writing”.
● The employee must be under an obligation to provide the work personally.
● There must be a mutuality of obligations between the employer and the
employee. In every contract of employment the employee must be obliged to
provide a service to the employer and the employer must have an obligation
to provide work.
● The employee must be subject to the control of the employer.
Before an individual starts with the employer, they need to give the prospective
employee/ (as of recently workers too) a s.1 statement even if the contract is oral
key elements of the employment contract required to comply with the law?
Under s.1 of the employment rights act 1996 (ERA 1996):
- S.1(1)- the employer is required to give the employees a written statement of
particulars of employment (this can also be a small statement containing the
Section 1 criteria )
- S.1(2)- this must be given in two months, as failure to do so can result in an
extra award should the employee bring a qualifying claim
- If you are advised to look at clauses, remove those which are not a
requirement under section one and those which he /she states that the
